Vasquez v. Gamez et al

Filing 25

STIPULATION AND ORDER re 24 to Dismiss with Prejudice filed by Nancy Carina Lena, Eneas Vasquez. Signed by Judge Edward M. Chen on 4/29/13. (bpf, COURT STAFF) (Filed on 4/29/2013)

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1 2 3 4 5 6 7 8 TOMAS E. MARGAIN, Bar No. 193555 HUY TRAN, Bar No. 288196 CASA LEGAL 84 W. SANTA CLARA St. SUITE 790 SAN JOSE CA 95113 Tel. (408) 317-1100 Fax. (408) 315-0150 Tomas@LaCasaLegal.com Huy@LaCasaLegal.com Attorneys for Plaintiffs ENEAS VASQUEZ and NANCY CARINA LENA 9 UNITED STATES DISTRICT COURT 10 FOR NORTHERN DISTRICT OF CALIFORNIA 11 12 13 ENEAS VASQUEZ and NANCY CARINA LENA 14 Plaintiff 15 16 v. 17 STIPULATION AND ORDER TO DISMISS WITH PREJUDICE; COURT TO RETAIN JURISDICTION TO ENFORCE SETTLEMENT AGREEMENT JUAN FRANCISCO GAMEZ; CANDELARIA 18 Case No.: 12-cv-003786 EMC GARCIA; and RAMONA GARCIA 19 Defendants 20 21 22 23 THE PARTIES THROUGH THEIR ATTORNEYS OF RECORD HEREBY STIPULATE AS FOLLOWS: 1. The matter has fully settled and the parties have executed a written settlement agreement. The agreement calls for payments to be made over a four month 24 period. 25 2. The parties stipulate that this matter be dismissed with prejudice. -1STIPULATION TO DISMISS WITH PREJUDICE 1 3. agreement in the event there is a breach for a period of approximately 150 days 2 only or to September 25, 2013. 3 4 IT IS SO STIPULATED 5 6 The parties request that the Court retain jurisdiction to enforce the settlement FOR PLAINTIFF DATED: April 24, 2013 By: /s/ Tomas Margain Tomas E. Margain For Plaintiffs 7 8 FARBSTEIN & BLACKMAN 9 10 DATED: April 24, 2013 By: /S/ Michael A. Farbstein Michael A. Farbstein For Defendants 11 12 13 ORDER 14 15 Based on the stipulation of counsel and good cause shown, this matter is dismissed with 16 prejudice. All deadlines are hereby terminated. The parties have reached a settlement through 17 counsel. The Court retains jurisdiction to enforce the terms of settlement agreement so long as a 18 motion is filed before September 25, 2013. After that, this order is without prejudice with any 19 party seeking to enforce the contract in a separate proceeding. 20 IT IS SO ORDERED H ER FO RT dwa Judge E - N -D 2 STIPULATION TO DISMISS WITH PREJUDICE hen rd M. C NO 25 R NIA O M, Chen EdwardORD IT IS S United States District Court Judge LI 24 ERED By: A DATED: UNIT ED 23 4/29/13 S DISTRICT TE C TA RT U O 22 S 21 F IS T RIC T O C

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